Miami, FL 
305-928-1077 
Florida Business Law & Commercial Litigation Attorneys
Strategic Counsel. Relentless Advocacy.
At Perez Mayoral, P.A., we represent business owners, investors, and partners in high-stakes commercial disputes. When problems arise, whether it’s a breach of contract, partnership conflict, or corporate misconduct, we act quickly and strategically to safeguard your interests and pursue lasting, business-minded solutions.
Commercial Dispute Resolution
Business Litigation Services
Millions Won for Florida Businesses
Contract Disputes
Handling breaches, interpretation issues, and enforcement of contract clauses to protect clients’ rights and obligations.
Shareholder and Partnership Disputes
Representing stakeholders in disputes over management, profit distribution, and breaches of fiduciary duties.
Business Torts
Addressing issues like tortious interference, unfair competition, defamation, fraud, and more to protect clients and recover damages.
Commercial Real Estate Litigation
Managing disputes involving lease issues, zoning, property rights, and eminent domain.
Employment Disputes
Representing businesses in cases of wrongful termination, discrimination, wage disputes, and breaches of noncompete or confidentiality agreements.
Corporate Governance and Fiduciary Duty Litigation
Focusing on disputes related to governance, breaches of fiduciary duties, mismanagement, and corporate integrity.
Construction Litigation
Dealing with breaches, construction defects, mechanic’s liens, and payment or performance disputes.
Intellectual Property Litigation
Assisting in the defense and enforcement of trademarks, copyrights, patents, and trade secrets.
Video Resources
FOR FLORIDA BUSINESSES
Strategic Counsel. Relentless Advocacy.
Protecting the interests of Florida businesses, investors, and shareholders through sophisticated representation in state and federal courts.
Frequently Asked Questions
Your Questions Answered
How do I know if my business has grounds for a lawsuit?
Your business may have grounds for a lawsuit if you’ve experienced financial harm due to another party’s actions or failure to meet their obligations. Common indicators include breach of contract where the other party failed to deliver goods, services, or payments as agreed, fraudulent business practices that caused monetary losses, interference with your business relationships or existing contracts, trademark or copyright infringement affecting your brand, partnership disputes involving mismanagement of funds or breach of fiduciary duties, or employment issues such as trade secret theft by former employees. Additionally, if you’ve suffered damages from construction defects, real estate disputes, or unfair competition practices, you likely have viable legal claims.
The key factors Florida courts consider are whether you can demonstrate actual damages, establish the other party’s legal responsibility, and show a clear connection between their actions and your losses. To determine if your specific situation warrants legal action, gather all relevant documentation including contracts, correspondence, financial records, and evidence of damages. Contact our experienced business litigation attorneys for a consultation where we can evaluate the strength of your potential claims and discuss the most effective legal strategy for your case.
How long does litigation typically take?
Business litigation timelines in Florida vary widely based on the case’s complexity, court schedules, and whether parties reach settlement agreements. Simple contract disputes or straightforward business matters may resolve within 6-12 months, while complex commercial litigation involving multiple parties, extensive discovery, or involved legal issues can take 2-3 years or longer to reach trial. The discovery phase, where parties exchange documents and take depositions, typically accounts for the majority of litigation time and can last 6-18 months depending on the volume of information involved.
Factors that can extend timelines include crowded court dockets, motions practice, appeals, and the opposing party’s cooperation level. Many cases settle during mediation or negotiations before reaching trial, which can significantly shorten the overall process. Federal court cases often move faster than state court matters due to different scheduling practices and case management approaches. Emergency situations may qualify for expedited hearings or temporary injunctions that can provide quicker relief while the main case proceeds. For a realistic timeline estimate based on your specific business dispute, contact our office for a consultation where we can evaluate your case’s unique circumstances and provide a more precise timeframe for resolution.
Can my business recover attorney fees in litigation?
Whether your business can recover attorney fees in litigation depends on the specific circumstances of your case and applicable Florida law. Florida generally follows the “American Rule,” meaning each party pays their own attorney fees unless there’s a specific statute, contract provision, or legal principle that allows fee recovery. Common situations where businesses can recover attorney fees include contracts with prevailing party clauses, cases involving statutory violations like unfair trade practices or certain employment disputes, trademark and copyright infringement claims, and situations where the opposing party acted in bad faith or filed frivolous claims.
Additionally, Florida’s offer of judgment statute allows fee recovery in some cases where a party rejects a reasonable settlement offer and then receives a less favorable judgment at trial. The amount recoverable must be reasonable and necessary, and courts will review fee requests to ensure they’re appropriate for the work performed. To understand your potential for fee recovery in your specific case, contact our team for a consultation where we can review your contracts, assess applicable statutes, and develop a strategy that maximizes your chances of recovering attorney fees along with other damages.
What are the costs associated with business litigation?
Business litigation costs in Florida include several components beyond attorney fees, such as court filing fees ranging from $400-$500 to initiate a lawsuit, deposition costs of $500-$1,500 per witness, expert witness fees that can reach $200-$500 per hour, and expenses for document production, investigations, or forensic analysis when needed. Additional costs may include mediation fees, court reporter charges, and potential bond requirements for certain types of relief. The total expense depends heavily on factors like case duration, the amount of discovery required, number of parties involved, and whether the matter settles early or proceeds to trial.
Simple contract disputes might resolve for under $30,000, while complex commercial matters can cost significantly more depending on their scope and duration. Many cases settle during negotiations or mediation, which typically reduces overall expenses compared to full trial proceedings. To understand the potential costs for your specific situation and discuss our fee structure, schedule a consultation where we can evaluate your case and provide a detailed breakdown of expected expenses and available payment options.
What are my options if the other party isn’t upholding their end of a contract?
When another party breaches a contract, you have several legal remedies available under Florida law depending on the severity of the breach and your specific damages. Your options include seeking monetary damages to compensate for financial losses caused by the breach, requesting specific performance to force the other party to fulfill their contractual obligations, or pursuing contract rescission to cancel the agreement and restore both parties to their pre-contract position. You may also be entitled to consequential damages for additional losses that resulted from the breach, such as lost profits or costs incurred due to their failure to perform.
Before pursuing litigation, consider sending a formal demand letter outlining the breach and requesting compliance, as this can sometimes resolve the matter without court involvement and may be required under your contract terms. If the breach is ongoing, you might seek a temporary restraining order or injunction to prevent further harm to your business. In cases where the other party’s breach is substantial, you may have grounds to terminate the contract and seek damages for any losses incurred. The statute of limitations for contract disputes in Florida is typically five years for written contracts and four years for oral agreements, so timely action is important. Contact our attorneys for a consultation to review your contract terms, assess your damages, and determine the most effective strategy for enforcing your rights and recovering compensation.
Miami Business Lawyer
Business Litigation Lawyer Miami, FL
A Miami, FL business lawyer from Perez Mayoral, P.A. knows that starting a business can be both exciting and scary at the same time. The more preparation you can do before launching, the better chance of success you will have. If you have refined your idea and are ready to move forward, here are the main steps to bring your business to market.
- Market Research
You will want to understand the demand for your product by conducting research. With your market data research results, you can tweak and adjust your approach for the next step. Some factors to consider are:
- Economic environment
- Number of competitors in your space
- Demand
- Pricing
- Write a Business Plan
There are many online resources to help you develop a business plan. It will serve as your playbook moving forward. Have a clear value proposition on what your business will offer. Think long-term when envisioning your business model. As a Miami business lawyer explains, components of a business plan include:
- Executive summary
- Description and structure of the business
- Market research
- Customer and competitor analysis
- Marketing and operating strategy
- Financials
- Look for Funding
Most business owners require capital to help get their business up and running. Some resources to use for capital include credit cards, friends and family, small business loans, venture capitalists, angel investors, and crowdfunding. Think outside the box when it comes to securing funding. Funding is the lifeblood of a new business, lacking a reliable source is one of the major reasons a new business might fail.
- Hire a Team
Depending on your business model, you will likely need employees. Think through important roles and write job descriptions. You should also consider what type of culture you want to foster and hire accordingly. One of your first hires should be a bookkeeper if you are uncomfortable with that role. This might be a direct-hire or outsourced to a bookkeeping firm. Accurately tracking financials is critical for any business.
- Grow Your Network
Build a support team for yourself as the business owner. Find a group of local business owners and do not be afraid to ask questions. You might also consider hiring a business coach to help you get off the ground. Successful entrepreneurs often enjoy helping others that are in the position they were once in. Take advantage of the resources available to you and you’ll see your business grow.
- Market Your Business
Once you are open for business, plan on aggressively marketing your product or service. As a new company, you will not have word-of-mouth referrals yet. Get your name in front of the right people through targeted marketing. You may consider working with a marketing firm to help you in this area.
Thorough planning can be crucial to making your business a success. However, do not wait for perfection to launch. Once you have completed the above steps, you can feel confident your business is ready to grow.
Miami Business Lawyer Infographic
Help When You Need to Settle Your Business Disputes
Many people are concerned that when they have business disputes it means that they will need to go to court. The truth is, when you own or operate a business, you should always be prepared for a dispute to turn into something ugly. Having a lawyer on your side earlier in the battle means that if you must go to court you can be as prepared as possible. However, business disputes do not always have to end up in court. It can be most beneficial to solve your problems out of court because:
- You will not be spending as much time away from the office and your case will not need to drag out.
- You will save a great deal of money by avoiding litigation.
If you own a business, you have probably already had more than your fair share of conflict, whether it is between business partners, vendors, or even your employees. No one wants to run a business that is toxic, which is why one of the best ways you can settle disputes that arise is outside of court. You may find that two ways you can settle your dispute are through:
- Mediation
- Arbitration
Settling Disputes Through Mediation
When you settle your dispute through mediation, it means that you are bringing a neutral, third party into the matter. This is not dissimilar to those who use mediation in family issues such as divorce. Mediation is a great tool when two parties need to air out their grievances in a safe environment without the pressures that come with litigation. A mediator (not one of your lawyers), will come in and attempt to help both parties involved come to an agreement that works for everyone. That said, the mediator does not have the power to make a judgment on who is right and determine what the outcome must be. Especially in instances where you do not want things brought to the public eye, mediation can be helpful to keep this a private matter.
Settling Disputes Through Arbitration
Similar to mediation, you will not need to go through litigation or take your dispute to court for arbitration. You will be submitting your side of the dispute to an arbitrator–a neutral third party–who will review everything and come to a decision. While you will walk away with a binding decision, you still get the privacy that you may be looking for in mediation. This allows you to plead your case, stay out of court, and have someone resolve your dispute.
When you begin to notice issues coming up at your workplace or are already in the middle of a heated dispute, you should speak with your business lawyer as soon as possible. The quicker you are able to resolve what is going on, the quicker you are able to do what you do best: run your business. If you would like more help understanding the ways a lawyer can help with settling your business disputes, reach out to our team now. For further guidance, contact a Miami business lawyer from Perez Mayoral, P.A. today.
Examples of Business Litigation
When your business is being threatened with litigation from an individual such as a client or another business owner, it is helpful to have legal assistance from a trusted Miami, FL business lawyer. If you are facing any kind of legal threat made by another party, you must respond right away. There are many situations where it may be necessary to obtain the help and guidance of a trusted lawyer that can offer you specific legal advice. Here are just a few examples of business litigation you can experience where a lawyer can help you with.
Fraud
Fraud is one of the most serious crimes that a business or its staff can be accused of, and it is defined by any criminal action that is done in an attempt to achieve financial or personal gain. Typical examples of fraud include making false or misleading statements, deceiving investors and customers about products or services, covering up defects, and falsifying documents. It is a serious charge, and if your business is being accused of fraud, meet with a lawyer who can prepare a defense right away.
Breach of Contract
A breach of contract is a common business litigation scenario. This can occur when the defined terms and conditions of a specific contract have been violated. For example, when two parties such as business owners agree to a contract and one of them decides to approve a financial decision without consulting the other party, they have made a violation. As lawyers from Perez Mayoral, P.A. can explain, there can be grounds for pursuing litigation against the party that neglected to adhere to the contract.
Intellectual Property Disputes
Business owners have to be careful about the original ideas and concepts that they invent for their company and how they are protected. Issues concerning intellectual property, or IP, such as trademarks and copyrights, are often brought up because a party may claim that their certain features were their original creations. If you want to protect yourself against an IP dispute, have a lawyer assist you so that you can determine what legal strategies to use.
Employment Disputes
Many Miami business lawyers resolve cases regarding employment disputes. These types of disputes can happen for several reasons, such as wage disputes, labor law violations, safety complaints, and employment contract disputes. If you are facing a dispute with an employee, turn to a lawyer so that you can arrive at a peaceful and fair solution for all parties involved.
Defective Product Claims
Another common litigation case involves defective products. Sometimes there are claims made by consumers that a product they used caused them to suffer an illness or injury. Business owners can seek assistance from a reputable lawyer so that they can review the evidence and determine legal strategies that can help resolve the situation.
If you would like more information about legal services as a business owner, do not wait to contact a skilled Miami business lawyer that you can rely on for immediate legal help.
Business Lawyer FAQs
What is breach of fiduciary duty in business litigation cases?
A Miami business lawyer knows there are a variety of reasons why a person or company may pursue business litigation against another party. In many cases, these disputes involve the claims that one party has committed a “breach of fiduciary duty.” However, this term is not always fully understood. What exactly is a fiduciary, and what duties do they owe to others? By understanding how a person or company may breach their fiduciary duty, those who are involved in business litigation can determine their options for resolving these issues.
What is a fiduciary?
A fiduciary is any party who has the duty to act in the interests of someone else. That party is referred to as the principal. Once the relationship between the fiduciary and the principal is established, the fiduciary will be required to act in the principal’s interests, and they should avoid any conflicts of interest that could cause harm to the principal.
Can there be more than one fiduciary named in a business litigation case?
In business litigation cases, multiple different parties may be considered fiduciaries. For example, the partners of a company have a fiduciary relationship to each other and to the business as a whole. A corporation’s board of directors has a fiduciary duty to the company’s shareholders. A company’s employees have a fiduciary duty toward their employer. If a party breaches their fiduciary duty, the principal may pursue litigation, and they may attempt to recover financial compensation they have experienced due to the breach.
What are the types of breaches that may be cited in a business lawsuit?
Each Miami business lawyer from our firm has successfully handled many types of breach of fiduciary duty, including:
- Duty of loyalty – A fiduciary may be accused of acting in their own interests rather than the interests of the principal. Example: A partner may have made business decisions that provided them with financial benefits but had a negative impact on the company’s ability to pursue certain opportunities.
- Duty of disclosure – A fiduciary may be accused of failing to provide the principal with certain types of required information. Example: A board of directors may have failed to disclose financial information in order to prevent shareholders from selling shares, causing shareholders to suffer losses when the value of their shares decreased.
- Duty of confidentiality – A fiduciary may be accused of disclosing protected information in a way that caused harm to the principal. Example: An employee may have sold a company’s trade secrets to a competitor, causing the company to suffer financial losses due to unfair competition.
What type of proof does a litigant need to show in order to be successful in their lawsuit?
The party that is seeking to address a breach of fiduciary duty will need to demonstrate that a fiduciary duty existed, that the other party violated their fiduciary duty, and that they suffered damages as a direct result of the breach. In many cases, that party will seek to recover a specific amount of money that was lost because of a breach of fiduciary duty, but they may also ask the court to require the defendant to take other actions to restore them to the position they were in before the breach occurred.
Contact Our Business Law Firm
If you have been accused of breach of fiduciary duty, or suspect another party has committed it, you need an aggressive Miami business lawyer protecting your interests. Call Perez Mayoral, P.A. to schedule a free and confidential consultation.
Miami Business Lawyer FAQs
Business disputes can be complex and challenging to navigate without the help of an experienced Miami, FL business lawyer by your side. If you need help now, reach out to Perez Mayoral, P.A. today for help. However, if you are unsure about your case, here are five questions about why you would need a lawyer for a business dispute:
What types of business disputes can a lawyer assist with?
A business lawyer can assist with a wide range of disputes, including contract disputes, employment disputes, intellectual property disputes, partnership disputes, and more. The specific type of dispute will determine the type of lawyer needed, as some lawyers may have more experience in certain areas than others. However, a general lawyer of business will be able to give you tips and advice on how to handle your case.
Why is it important to hire a lawyer for a business dispute?
Hiring a lawyer for a business dispute can help protect your legal rights, ensure that you understand your legal options, and increase your chances of achieving a favorable outcome. An experienced lawyer can help you navigate the legal system, develop an effective legal strategy, and negotiate with the other party to resolve the dispute as quickly and efficiently as possible. Basically, a lawyer will make sure that you are protected.
What should I look for in a business dispute lawyer?
When looking for a Miami business lawyer to handle a business dispute, it is important to look for someone with experience in the specific area of law relevant to your case. You should also look for a lawyer with a track record of success in handling similar cases, as well as someone who is responsive and easy to communicate with. Contact a lawyer of business today to ask about their case history.
How can a lawyer help me resolve a business dispute?
A lawyer can help you resolve a business dispute in several ways, depending on the specific circumstances of the case. This may include negotiating a settlement, filing a lawsuit, or engaging in alternative dispute resolution methods such as mediation or arbitration. An experienced lawyer will work with you to determine the most effective course of action for your case, and they will walk you through this strategy during your first meeting.
What are the potential consequences of not hiring a lawyer for a business dispute?
Not hiring a lawyer for a business dispute can result in a range of negative consequences, including losing your legal rights, failing to understand your legal options, and losing the case. In addition, handling a dispute without the help of a lawyer can be time-consuming and costly, as well as cause unnecessary stress and anxiety. Working with an experienced lawyer can help you avoid these potential consequences and increase your chances of achieving a positive outcome. That way you can get back to focusing on your business instead of any pending litigation.
In conclusion, hiring a lawyer for a business dispute can help protect your legal rights, ensure that you understand your legal options, and increase your chances of achieving a favorable outcome. It is important to look for a lawyer with experience in the specific area of law relevant to your case, as well as someone who is responsive and easy to communicate with. By working with an experienced lawyer, you can avoid potential negative consequences and increase your chances of resolving the dispute as quickly and efficiently as possible. Contact a Miami business lawyer at Perez Mayoral, P.A. for help today.